Despite good intentions to protect minors online, SB 396 runs directly into the First Amendment. In fact, SB 396 discriminates based on speaker, content and viewpoint. The law is content-based because it treats platforms whose primary purpose is “interacting socially” differently than those whose primary function is, for example, news, sports, entertainment, research or other “non-social” ends. These types of content-based distinctions are impermissible under the First Amendment.
Posted 07/10/2023 | Media Hits